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Supreme Court 20 July 2001

R v Gianisis

[2001] NSWSC 851

Homicide
MURDER JUDGE ALONE TRIAL PSYCHIATRIC EVIDENCE MENTAL HEALTH REVIEW TRIBUNAL

Citation: R v Gianisis [2001] NSWSC 851
Court: Supreme Court of New South Wales
Date: 20 July 2001
Judge(s): Dowd J

Background

The accused was charged with murdering Glen Joseph Pateman at Lithgow on 16 June 2000, the killing involving a stabbing. The accused pleaded not guilty, with his counsel submitting that the appropriate basis for that plea was mental illness at the time of the offence.

The matter proceeded as a judge-alone trial following an election by the accused dated 13 July 2001, to which the Crown consented. Two psychiatrists gave evidence, both addressing the accused's mental state at the time of the killing.

  • Whether the Crown had established beyond reasonable doubt that the accused committed the act of murder with the requisite intent to kill or inflict grievous bodily harm.
  • Whether the accused had established, on the balance of probabilities, the defence of not guilty on the ground of mental illness under the M'Naghten principles: specifically, whether he suffered a defect of reason from a disease of the mind such that he either did not appreciate the nature and quality of his act, or did not know that what he was doing was wrong.
  • What orders should follow if the special verdict was returned, including the accused's detention and supervision by the Mental Health Review Tribunal.

Decision

Dowd J directed himself on the applicable legal framework, drawing on the M'Naghten principles and the High Court's elaboration in The King v Porter (1933) 55 CLR 182. His Honour noted that the defence requires proof on the balance of probabilities, distinguishing a true defect of reason arising from a disease of the mind from mere impulsiveness, excitability, or lack of self-control.

The psychiatric evidence was central to the outcome. Dr Wilcox gave evidence that at the time of the killing, the accused suffered from a disease of the mind and, while probably aware of the physical nature and quality of his acts, was most likely unable to reason with a moderate degree of sense and composure about their wrongness. Dr Skinner went further, diagnosing Chronic Schizophrenia with an acute psychotic episode at the time of the killing, accompanied by auditory hallucinations, and concluded the accused did not know what he was doing.

Dowd J found beyond reasonable doubt that the accused caused the death of the deceased by stabbing, with intent to kill or inflict really serious bodily harm. However, his Honour was satisfied on the balance of probabilities that the accused was mentally ill at the time of the killing within the meaning of the M'Naghten principles, and returned the special verdict of not guilty on the ground of mental illness.

His Honour explained the practical consequences of that verdict at length, noting that it does not result in the accused being released into the community. The accused would be detained in strict custody and come under the supervision of the Mental Health Review Tribunal, which must review his case within 14 days of the verdict and at least once every six months thereafter. Any release would require a Tribunal recommendation and, ultimately, a Governor's order.

Orders Made

  • The accused was found not guilty of murder on the ground of mental illness.
  • The accused was ordered to be detained in the Psychiatric Ward at the Hospital of Long Bay Correctional Centre, or at such other places as may be referred by the Mental Health Review Tribunal, until released by due process of law.

Key Takeaways

  • The Supreme Court applied the M'Naghten test, as elaborated in The King v Porter, confirming that the mental illness defence requires proof on the balance of probabilities that a defect of reason arising from a disease of the mind either prevented the accused from appreciating the nature and quality of the act, or prevented him from knowing it was wrong.
  • A special verdict of not guilty on the ground of mental illness does not result in unconditional release. The accused is detained in strict custody and subject to ongoing review by the Mental Health Review Tribunal under the Mental Health Act 1990 (NSW).
  • Where both Crown and defence psychiatric evidence supports a finding of mental illness at the time of the offence, that evidence may be sufficient to discharge the accused's onus on the balance of probabilities, even in the context of a judge-alone murder trial.
  • The rationale for the special verdict, as articulated by the court, is that punishing a person who lacked understanding of their actions or their wrongness serves neither the deterrent nor retributive purposes of criminal law.
  • A judge-alone trial is available in murder proceedings where the accused elects that mode of trial and the Crown consents, with the judge directing themselves on all applicable legal principles.

Legislation and Cases Referenced

Legislation
- Mental Health Act 1990 (NSW)

Cases
- Re M'Naghten's Case (1843) 8 ER 718
- The King v Porter (1933) 55 CLR 182
- Mizzi v R (1959-1960) 105 CLR 659